IGA WITH THE TOWN OF QUEEN CREEK - RIGGS RD SIGNED.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE TOWN OF QUEEN CREEK
FOR THE IMPROVEMENT OF RIGGS ROAD
FROM POWER ROAD TO HAWES ROAD
(TT 406)
(C-64-16- -M-00)
This Intergovernmental Agreement ("Agreement") is between the County of Maricopa, a
political subdivision of the State of Arizona ("County"), and the Town of Queen Creek, a
municipal corporation ("Town"). The County and Town are collectively referred to as the
Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County to lay
out, maintain, control and manage public roads within the County.
2. A.R.S. § 9-240 authorizes the Town to exercise control over, layout, establish,
regulate, and improve streets within the Town.
3. A.R.S. Sections 11-951 et. seq. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
BACKGROUND
4. Riggs Road from Power Road to Hawes Road lies partially within the Town of
Queen Creek and partially within unincorporated Maricopa County. Riggs Road is a
major east-west principal arterial corridor in southeastern Maricopa County.
5. The existing Riggs Road alignment is a 2-lane facility between Power Road and
Hawes Road with deceleration lanes into developed parcels on the north side of the
roadway.
6, The Parties have previously entered into an agreement for the Town to operate and
maintain the County traffic signal at the intersection of Riggs Road and Power Road
(C-64-08-045-2-00) recorded on October 1, 2007.
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7 The proposed project will include design, environmental clearance, right-of-way
acquisition, utility relocation, construction of Riggs Road to a five (5)-lane roadway
section in accordance with Town standards, construction management, and
installation of traffic signals at the intersection of Riggs and Sossannan Roads (the
"Project").
8. The anticipated Project schedule is as follows:
8.1 Design in FY 2015
8.2 Environmental clearance in FYs 2015 through 2017.
8.3 Right-of-way acquisition in FYs 2015 and 2016.
8.4 Utility relocation in FYs 2015 through 2017.
8.5 Construction in FY 2018.
The anticipated Project costs are as follows:
9.1 Design: $ 500,000
9.2 Environmental clearance: $ 40,000
9.3 Right-of-way acquisition: $ 2,300,000
9.4 Utility Relocation: $ 2,230,000
9.5 Construction: $ 9,000,000
9.6 Construction management: $ 900,000
9.7 Total cost: $14,970,000
PURPOSE OF THE AGREEMENT
10. The purpose of this Agreement is to identify and define the responsibilities of the
County and Town for various elements of the Project, which include, but are not
limited to, cost sharing, design, environmental clearances, right-of-way acquisitions,
utility relocations, construction and construction management, and annexation.
TERMS OF THE AGREEMENT
11. Responsibilities of the County:
11.1 The County shall act as the lead agency for the Project, including the
design, environmental clearance, right-of-way acquisition, utility relocation,
construction and construction management.
11.2 The County shall coordinate with the Town throughout the various phases
of the Project and provide Project plans to the Town for review at
appropriate intervals.
11.3 The County shall be responsible for all Project costs as defined in Items 9.1
through 9.7 of this Agreement.
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11.4 The County shall request the Town to provide no-cost permits for the
County to work within the incorporated limits of the Town.
11.5 The County shall participate with the Town in the substantial completion,
final inspection and acceptance of the Project.
12. Responsibilities of the Town:
12.1 The Town shall issue no-cost permits to the County, or its appointed agent,
to work within the incorporated limits of the Project.
12.2 The Town shall review the Project plans and provide comments to the
County within fourteen (14) days of receipt.
12.3 The Town shall participate with the County in the substantial completion,
final inspection and acceptance of the Project.
12.4 Upon substantial completion of construction of the Project, the Town shall:
12.4.1 Accept all maintenance and operation responsibility for all Project
components including the traffic signals; and
12.4.2 Begin the annexation of all the unincorporated areas within the
Project limits and complete the annexations within a six (6) month
period subject to the requirements of A.R.S. § 9-471.
GENERAL TERMS AND CONDITIONS
13. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend and save the other Parties harmless, including any
of the Parties' departments, agencies, officers, employees, elected officials or agents,
from and against all loss, expense, damage or claim of any nature whatsoever which
is caused by any activity, condition or event arising out of the negligent performance
or nonperformance by the indemnifying Party of any of the provisions of this
Agreement. By entering into this Agreement, each Party indemnifies the other
against all liability, losses and damages of any nature for or on account of any
injuries or death of persons or damages to or destruction of property arising out of or
in any way connected with the performance or nonperformance of this Agreement,
except such injury or damage as shall have been caused or contributed to by the
negligence of that other Party. The damages which are the subject of this indemnity
shall include but not be limited to the damages incurred by any Party, its
departments, agencies, officers, employees, elected officials or agents. In the event
of an action, the damages which are the subject of this indemnity shall include costs,
expenses of litigation and reasonable attorney's fees.
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14. This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and remain in full force and effect until all stipulations
previously indicated have been satisfied except that it may be amended upon written
Agreement by all Parties. Any Party may terminate this Agreement upon furnishing
the other Party with a written notice at least thirty (30) days prior to the effective
termination date.
15. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
16. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
16.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of
the verification for the duration of the employee's employment or at least
three years, whichever is longer.
16.2 Any breach of the warranty, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the
contract.
16.3 The Parties retain the legal right to inspect the papers of any contractor
or subcontractor employee who works on the Project to ensure that the
contractor or subcontractor is complying with the warranty above and
that the contractor agrees to make all papers and employment records
of said employee available during normal working hours in order to
facilitate such an inspection.
16.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
17. Each Party to this Agreement warrants that neither it nor any contractor or vendor
under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by any
federal agency which has provided funding that will be used in the Project described
in this Agreement.
18. Each of the following shall constitute a material breach of this Agreement and an
event of default ("Default") hereunder: A Party's failure to observe or perform any of
the material covenants, conditions or provisions of this Agreement to be observed or
performed by that Party ("Defaulting Party"), where such failure shall continue for a
period of thirty (30) days after the Defaulting Party receives written notice of such
failure from the non-defaulting party provided, however, that such failure shall not be
a Default if the Defaulting Party has commenced to cure the Default within such thirty
(30) day period and thereafter is diligently pursuing such cure to completion, but the
total aggregate cure period shall not exceed ninety (90) days unless the Parties
agree in writing that additional time is reasonably necessary under such
circumstances to cure such default. In the event a Defaulting Party fails to perform
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any of its material obligations under this Agreement and is in Default pursuant to this
Section, the non-defaulting party, at its option, may terminate this Agreement.
Further, upon the occurrence of any Default and at any time thereafter, the non-
defaulting party may, but shall not be required to, exercise any remedies now or
hereafter available to it at law or in equity.
19. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Liaison
2901 W. Durango Street
Phoenix, Arizona 85009
Town of Queen Creek
Town Manager
22350 S. Ellsworth Road
Queen Creek, Arizona 85142
All notices required or permitted by this Agreement or applicable law shall be in
writing and may be delivered in person (by hand or courier) or may be sent by
regular, certified or registered mail or U.S. Postal Service Express Mail, with postage
prepaid, and shall be deemed sufficiently given if served in a manner specified in this
paragraph. Either Party may by written notice to the other specify a different address
for notice. Any notice sent by registered or certified mail, return receipt requested,
shall be deemed given on the date of delivery shown on the receipt card, or if no
delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall
be deemed given 72 hours after the notice is addressed as required in this paragraph
and mailed with postage prepaid. Notices delivered by United States Express Mail or
overnight courier that guarantee next day delivery shall be deemed given 24 hours
after delivery of the notice to the Postal Service or courier.
20. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
21. This Agreement does not create a duty or responsibility unless the intention to do so
is clearly and unambiguously stated in this Agreement.
22. This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
23. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
in such fiscal year, This Agreement may be terminated by any Party at the end of any
fiscal year due to non-appropriation of funds.
24. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.
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25. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings between the
Parties to this Agreement, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between the Parties other than as
set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. This Agreement shall be construed as a
whole and in accordance with its fair meaning and without regard to any presumption
or other rule requiring construction against the party drafting this Agreement. This
Agreement cannot be modified or changed except by a written instrument executed
by all of the Parties hereto. Each party has reviewed this Agreement and has had the
opportunity to have it reviewed by legal counsel.
26. The waiver by any Party of any right granted to it under this Agreement is not a
waiver of any other right granted under this Agreement, nor may any waiver be
deemed to be a waiver of a subsequent right obtained by reason of the continuation
of any matter previously waived.
27. Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law, but if any provision shall be invalid or
prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision or
the remaining provisions.
28. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
29. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in this
Agreement, no term or provision of this Agreement is intended or shall be for the
benefit of any person or entity not a party to this Agreement, and no such other
person or entity shall have any right or cause of action under this Agreement.
30. Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day. If the date
for performance of any obligation under this Agreement or the last day of any time
period provided in this Agreement falls on a Saturday, Sunday or legal holiday, then
the date for performance or time period shall expire at the close of business on the
first day thereafter which is not a Saturday, Sunday or legal holiday.
31. Sections and other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement.
32. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument.
Faxed, copied and scanned signatures are acceptable as original signatures.
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33. The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to
be performed by such party pursuant to this Agreement.
34. The Parties hereby agree that the venue for any claim arising out of or in any way
related to this Agreement shall be Maricopa County, Arizona.
35. This Agreement shall be governed by the laws of the State of Arizona.
36. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the
Agreement.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY TOWN OF QUEEN CREEK
Recommended by:
Approved and Accepted by: Approved and Accepted by:
7ic A 04
Steve Chucri, Chairman Date Gail Barney ( /I ate
Board of Supervisors Mayor
Attest by: Attest by:
'QA (011 7//5
Fran McCarroll Date mnifer Ro inson Date
Clerk of the Board lerk
APPROVAL OF DEPUTY COUNTY ATTORNEY AND TOWN ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare
the Agreement to be in proper form and within the powers and authority granted to the
Parties by their respective governing bodies under the laws of the State of Arizona.
7(
S—
Deputy County Attorney Date Town Attorney Date
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